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COMMITTEE ON THE RIGHTS OF THE CHILD EXAMINES REPORTS OF ECUADOR
23 May 2005
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Committee on the
Rights of the Child
23 May 2005
The Committee on the Rights of the Child today reviewed the second and third periodic reports of Ecuador on how that country implements the provisions of the Convention on the Rights of the Child.
Introducing the reports, Hernan Escudero, Permanent Representative of Ecuador to the United Nations Office at Geneva, said the political situation in Ecuador, particularly over the past few weeks and months, had not posed an obstacle to the Government's work which continued to implement its commitment to the Convention and its provisions.
Also introducing the reports were Maria Elena Moreira, Director of Human Rights at the Ministry of Foreign Affairs of Ecuador, who said there had been significant progress in the legal framework concerning the protection of children; and Sara Oviedo, Executive Director of the National Council of Children and Young Persons of Ecuador, who said that the goals of the Council were to monitor protection measures for children and to institute public policies in that regard.
In preliminary remarks, Committee Expert Rosa Maria Ortiz, who served as Rapporteur for the reports of Ecuador, said the Committee had been informed of the major achievements of Ecuador as well as the main problems facing the State party. There was a political will in Ecuador which merited commendation as did the involvement of civil society, including youth organizations, and international organizations. The State must ensure that its policies and programmes were implemented in a coordinated manner. Among other things, the State party should also pursue its efforts to combat trafficking in children and to address the matter of disappeared children. The needs of indigenous and Afro-Ecuadorian children should also be given priority attention.
Other Committee Experts raised questions pertaining to, among other things, the State's budget and resources allocated to children's rights and protection; the National Council on Children and Young Persons; adoption; child labour; discrimination; juvenile justice and detention centres; child and maternal health; refugees; education; sexual exploitation of minors; and migrant children.
The Committee will release its formal, written concluding observations and recommendations on the reports of Ecuador towards the end of its three-week session which will conclude on 3 June.
The delegation of Ecuador consisted of representatives of the Ministry of Foreign Affairs; the National Council of Children and Young Persons; and the Permanent Mission of Ecuador to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Ecuador is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Tuesday, 24 May, it will begin its consideration of the third periodic report of Norway (CRC/C/129/Add.1).
Reports of Ecuador
According to the second and third periodic reports of Ecuador (CRC/C/65/Add.28), which cover the period after the initial report was submitted in May 1996 to when they were presented in July 2004, children from 0 to 14 constitute a third of the population in the State, or just over four million inhabitants. As indicated by the 2001 population census, of these 2 out of 10 do not live with both parents; 1 out of 10 is not enrolled in school; 4 out of 10 have been beaten by their teachers; 4 out of 10 are unaware that laws exist to protect their rights; and the overall illiteracy rate is 8.4 per cent. Moreover, in 1999, 60 per cent of the population under 18 lived in homes in a situation of poverty, compared with 45 per cent of the adult population. Despite efforts made at social investment and increased social expenditure in recent years, Ecuador remains one of the countries with the highest levels of social inequality in Latin America. The Constitution of 1998 paved the way for the establishment of a broader legal framework for the exercise of children's rights. Advances in this new instrument include declaring children and young persons a national priority; identifying children as a vulnerable population at risk; and acknowledging the need for reform of the public institutions responsible for children.
The most significant advances during the 1990s in terms of children's welfare, the reports state, relate to guarantees of survival. The reduction in child mortality from 40 per 1,000 live births in 1994 to 30 per 1,000 live births in 1999 is due, among other factors, to the success of control and health education measures in connection with infectious and contagious digestive and respiratory diseases. In order to strengthen mechanisms for the protection of the rights of women and children in Ecuador, in 1996, under the Office of the Ombudsman, the Office of the Ombudsman for Women and Children was established. This office responds free of charge to complaints of violations of women's and children's rights involving threats, infringements and lack of observance. Moreover, in September 2001, the Child Development Coordination Office was established as a coordination body for official agencies entrusted with implementing public child development policies, which include all the community-based inter-sectoral case programmes for children under 5, with increasing coverage in urban and poor rural areas. One success in the field of education is with regard to the bilingual intercultural education system, which uses the language of the culture in question as the main language.
In keeping with the spirit of the Convention, the decade saw an increase in acceptance of the concept of special protection as a further element in the exercise of social citizenship by children. At present, social protection includes new aspects such as child disabilities, sexual abuse, physical ill treatment in the home and in educational establishments, children of parents in detention and children deprived of a family environment. In 2001 and 2002 the subjects of refugees, displaced persons and assistance in situations of natural disaster gained new importance in Ecuador owing to the civil war and internal unrest in neighbouring Colombia and the recent eruptions of the Pichincha, Tungurahua and Reventador volcanoes. Among other things, the reports draw attention to the new Children's Code which establishes an obligation on the part of the State to formulate policies for the eradication of child labour, defines harmful and dangerous work, establishes 15 as the minimum age for work, and provides guarantees to maintain the right of adolescent workers to education and recreation. With regard to liability by young offenders, the new Children's Code provides that adolescents (aged 12 to 18 years) are not subject to criminal law but are liable for their acts.
Presentation of Reports
HERNAN ESCUDERO, Permanent Representative of Ecuador to the United Nations Office at Geneva, while reaffirming the commitment of the Government of Ecuador to implementing and applying the principles of the Convention on the Rights of the Child, said the political situation in Ecuador, particularly over the past few weeks and months, had not posed an obstacle to the Government's work which continued to implement its commitment to the Convention on the Rights of the Child. In order to overcome the problems inherent with the external debt of Ecuador, the Government was considering reducing the percentage of the national budget invested in external debt recovery to be re-invested in social sectors, including health and education.
In 2003, Ecuador adopted the Code on Children and Young Persons, which was characterized as a joint cooperation between the Government and civil society, so as to ensure the full exercise of all rights of the child, Mr. Escudero said. There was also full consistency between the Code and the Convention. The Code set up a National Council with the active participation of Government institutions and civil society; the body was autonomous and began its activities in February 2004, he added.
MARIA ELENA MOREIRA, Director of the Department of Human Rights in the Ministry of Foreign Affairs of Ecuador, said in Ecuador there had been significant progress in the legal framework concerning the protection of children, starting with the Constitution which underscored the importance and priority that the State, society and family attached to children and adolescents.
Ms. Moreira noted that Ecuador was the first country in Latin America to ratify the Convention on the Rights of the Child. The areas where significant progress had been made were in the Constitutional recognition of boys and girls and the monitoring of social expenditure since 2001. In June 2002, the Observatory for the Rights of Children and Young Persons was set up to improve public polices on the rights of this portion of the population. The disaster brought about by the El Niño phenomenon in 1997 and 1998 resulted in a negative impact on boys and girls. Other obstacles facing Ecuador revolved around widespread poverty and social inequalities in the State.
The adoption of the Constitution of 1998 provided a broader legal framework for the rights of the child, she said. Juvenile courts had now become part of the overall judicial system of Ecuador and children below 12 could not be held accountable for crimes. The National Council for Children and Young Persons had been serving as the lead institution with regard to the rights of the child. With regards to budget cuts in social services, at the end of the 1990s the Government had been investing one-fifth less, nevertheless the State had been taking significant steps in following up on areas of concern. As to the ill treatment and discrimination of children, the State set up the Ombudsmen's Office which addressed the needs of children and young persons and received their complaints. The treatment of boys and girls in schools had also been addressed.
The State had also made progress on child rights by providing basic services in the midst of the recession of 1999. A number of programmes had been set up to address the needs of the public in light of negative trends; considerable attention had been invested in the areas of health, education, and housing. In general, Ecuador had also been seeking to take decisions to increase social expenditure and to take an active role in combating poverty. Ms. Moreira also highlighted that sexual exploitation, pornography and child labour were some of the most acute problems in Ecuador at present.
SARA OVIEDO, Executive Secretary of the National Council of Children and Young Persons, said the National Council of Children and Young Persons aimed to guarantee all rights of children and adolescents in Ecuador. The goals of the Council were to monitor protection measures for this part of the population and to institute public policies in that regard. The Council aimed to ensure that there was consistency between the political goals of the State and the public policies with regard to child rights. Reforms had also taken place in the Labour Code of the State which would lead to the complete abolition of child labour in Ecuador.
Discussion
Questions by Experts
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Ecuador, said the Committee had been greatly concerned about the situation in Ecuador following the political uprisings and the huge economic crisis as a result of the impact of the El Niño phenomenon. Also noted was the high rate of external emigration from Ecuador to both the United States and Europe, which had led to negative effects on children whose parents had emigrated from the country. Among other things, the State was to be praised for the creation of the Children's and Youth Council. While understanding the difficulties of restructuring the country, the State was to be praised for the many areas of progress in relation to child rights and protection.
More information was sought on the extent to which the reports being considered were disseminated in the country. Although several positive legal measures had been taken, the availability of resources in the social sector was of concern, which made it impossible to implement many of the measures agreed upon. The reforms of the Labour Code and of the Criminal Code in line with the Convention were to be praised, but more information was sought on how these reforms were being carried out.
Ms. Ortiz also asked for additional information on the practical effects of legal adjustments, in general, and on the National Institute for Children and the Family, specifically. Other areas where information was sought included the Fund for Children; the high rate of poverty and malnutrition; and the State's budget for health and education. On education, she noted that the budget allocation for education only received 15 per cent of the overall national budget, and not the recommended 30 per cent.
JEAN ZERMATTEN, the Committee Expert serving as Co-Rapporteur for the report of Ecuador, said the Committee was aware that the country had been going through significant social and political problems. It was also aware of the Government's efforts to overcome these problems in implementing child rights. He posed a series of questions which focused on the areas of the implementation of new legislation and institutions, the participation of children in society, and the question of discrimination.
At present, the economic situation in Ecuador was apparently one of inequality and discrimination, Mr. Zermatten said. The constant changes of Government – eight governments in 15 years - made it difficult to have continuity and action. It was also taking a long time to implement commitments inherited by previous governments. While noting as positive the setting up of the 10-year plan, he asked whether there were necessary resources to carry it through. There had been no full harmonization between the Code of Children and Young Persons and other Codes, such as the Labour and Criminal Code, and the role of the Ombudsman required clarification.
The Co-Rapporteur asked whether there was a genuine political will in Ecuador to address the issue of children in a comprehensive fashion and what steps had been taken to ensure the implementation of the reforms of the Criminal and Labour Code. Information was also sought on who was responsible for spearheading polices set out by the Council for Children and Young Persons and on financial resources available for the special protection fund.
The Co-Rapporteur also asked whether the Child and Youth Code provided for hearings for children and for information on the proposed judicial reform in terms of child rights and protection. Regarding discrimination, he noted that the reports of the State party referred to discrimination in terms of gender issues, children affected by poverty, and refugee children, in terms of access to work, health care and schooling, among other things. He asked what concrete steps had been taken to address discrimination in this regard. Information was also sought on indigenous children and the obstacles they faced.
Other subjects raised by Experts pertained to statistics for ethnic groups; birth registration, particularly in the Amazon region; the State budget allocated for child rights and protection; corporal punishment; the provision of generic drugs; and the expulsion of pregnant girls from schools.
Response by Delegation
In response to questions on social investment, the delegation said Ecuadorians were well aware of the overburdened situation due to external debt factors and the economic recession; the GDP fell by almost 10 per cent by the end of the 1990's and the beginning of the millennium. The process of stabilization was therefore a slow process. Large-scale emigration also ensued from 2000 onwards. There were mechanisms allowing for negotiation in terms of external debt payment which allowed the State to pursue its national policies, including in the social sectors. There were political decisions made which committed the Government to adopt a strategy to reduce the external debt burden of the State so as to invest more in these social sectors and to fully meet its obligations under the Convention. The economic situation was the most substantive obstacle facing the State.
The National Council on Children and Young Persons was trying to identify resources for its operational costs for this year, the delegation added. It was hoped that there would be sufficient resources to allow the Council to fulfil its mandate for the year. Talks had also been held with the Ministry of Economy to set up supplemental funding for children's issues. Despite economic setbacks, 28 cantonal offices of the Council had been set up throughout the country. Moreover, the Council had taken over roles previously held by the central Government and had been carrying out its mandate to the best of its ability. The Council was coordinating closely with other entities working on child rights, such as the Observatory for the Rights of Children and Young Persons. Generally speaking, plans and policies set by Government institutions in the area of child rights were administered by the Council. It was hoped that the Council would play the lead role it was mandated to.
Regarding the State's information and monitoring system on child matters, the delegation noted that there were a number of inconsistencies in this regard which called for much more work towards harmonization. The Observatory for the Rights of Children and Young Persons had been working to harmonize its information to keep it in line with other entities, for example.
As for participation in society, the delegation affirmed that the Government sought to ensure the participation of young persons in matters involving them in general and in assessing compliance with the 10-year plan concerning their future. Moreover, the participation of children was guaranteed by the Constitution which set out that all children were able to express themselves freely. No child or adolescent could be pressured in any way.
With regard to the questions on the reforms of the Criminal and Labour Codes, the delegation noted that reform of the Criminal Code was in its last stage. As to the Labour Code, the delegation added that there was need for pressure to ensure that this issue was addressed expeditiously.
As to the dissemination of the Committee's recommendations on the first report of the State, the delegation noted that the Government, with the assistance of UNICEF, had taken various measures to share the findings of the Committee with the public.
Concerning the provision of generic drugs, the delegation said Ecuador had an intellectual property policy, in line with the TRIPS agreement, which made provisions for licenses under those provisions and in line with the Doha Declaration.
On birth registration, the delegation drew attention to the State's law on birth registration which governed all aspects on the subject. As for the situation of children whose fathers did not recognize them, as per the law single mothers were able to register their children directly.
Concerning the expulsion of pregnant teenagers from schools, the delegation noted that this practice was no longer an issue, although it did exist in the past. Schools who had practised this policy had been duly penalized.
Questions by Experts
In a second round of questions, Experts covered issues including the State's programmes to support single parent households; trafficking in children; the rights of refugee children, especially those originating from Colombia; the situation of children of migrants; juvenile justice and interdisciplinary work between lawyers and social services; children with disabilities; measures to control more effectively the high number of international adoptions; street children; children born out of wedlock; lost and disappeared children; and the ill-treatment and neglect of children. An Expert asked whether there was an existing mechanism to allow abused children, or witnesses of child abuse, to register complaints in this regard.
Other Experts raised questions concerning the right to education and child labour, while noting that a high percentage of children in Ecuador were both attending school and working. An Expert mentioned the Labour Union for Children in Ecuador and asked whether the State recognized this Union and, if so, how it conducted relations with it. Another Expert asked for information on the results of programmes dealing with child labour, such as the programme of the International Labour Organization to eliminate child labour.
Another Expert raised further questions pertaining to education, asking for information, in particular, about school drop outs, over-aged children in schools, regional disparities in classrooms, the integration of indigenous children in schools, competencies of teachers and low salaries of teachers.
Response by Delegation
In response to a question on family policies, the delegation said priority attention had been paid to such policies by the State, especially in terms of the protection of the family. Among the goals of these policies was to provide adequate knowledge and skills to parents to raise their children.
Answering questions on adoption, the delegation noted that the number of international adoptions had been higher than national adoptions in recent years, however, in 2004, the number was slightly higher for national adoptions. A specialized commission for adoptions had been set up to develop a work plan to strengthen institutions for adoption. The overall aim of the State was to ensure that adoptions in Ecuador were in line with the Code on Children and Young Persons and to make sure there was effective training for those working in the field of adoption. Regarding The Hague Convention on Inter-Country Adoption, the delegation noted that the ratification of the Convention was not considered a top priority by the central Government.
With regard to questions raised on child labour, the delegation said that of children between 5 and 17 years of age, according to recent Government statistics, 70 per cent studied and did not work; 6.5 per cent worked and did not study; 8.5 per cent both worked and studied; and 14 per cent neither worked nor studied. The 10-year plan sought to eradiate hazardous forms of child labour. The issue of children who were deprived of freedom was another matter of concern; in 1999, there were some 450 children living with their families, yet deprived of freedom.
As for discrimination, the delegation said there were a number of Government institutions in operation which addressed the needs of marginalized groups, including indigenous children. A major initiative of the Council on Indigenous Affairs was to reverse negative trends of discrimination against indigenous persons in Ecuador and Afro-Ecuadorians. Since 1998, Ecuador had established its National Plan for Human Rights, which led to the creation of two additional plans addressing the needs of indigenous persons and Afro-Ecuadorians and upheld the values of non-discrimination. Bilingual education in Ecuador's school system, which began in 1993, was an example that was in line with the principles of non-discrimination for indigenous children in particular.
Concerning children born out of wedlock, the delegation said this issue had been addressed and overcome by the Civil Code of 1998 whereby the child had all civil and political rights, including the right to inheritance and accession.
As for teenage pregnancies, the delegation said that in 2000, 6.6 per cent of pregnancies were teenage pregnancies, and 6.8 per cent of pregnancies in 2002 were teenage pregnancies. Enhanced education measures on reproductive health had been conducted with a special focus on adolescent girls. On a related question, the delegation said there was no legal age set by the law by which one could get married in Ecuador although the consent of a parent was required for juveniles. Although it was a practice of the past, the act of marrying at a young age was no longer an issue in Ecuador.
With regard to detention centres, the delegation said in light of agreements made, progress had been achieved in dealing with young offenders. As a result they received rehabilitation and specialized training. No minor who was an offender of the law could serve a sentence in an adult detention facility. In recent years, there had been a decline in the number of young offenders, largely as a result of a new code on youth offenders. While serving sentences in juvenile delinquent centres, the young offenders received education and received counseling on social re-integration. Moreover, they could not be in a juvenile detention centre for more than six months. As per the new code for children and young persons, a number of additional judges were assigned to take on juvenile matters. The delegation added that enhanced training for judges on these matters was therefore required.
Concerning questions raised on health, the delegation noted that in 1986, the percentage of malnourished children was 34 per cent; it was 14 per cent at present. The maternal mortality rate was also dropping due to improved services in health centres for pregnant women. The delegation also noted that the rate of immunization coverage of children had decreased. In response to a question on HIV/AIDS, the delegation said in 2003, the incidence rate of AIDS was six cases per 100,000 inhabitants. There were just over 100 children living with AIDS in Ecuador.
On the subject of refugees and asylum seekers, the delegation informed the Committee that Ecuador was recently declared by UNHCR as a model country for addressing the needs of refugees, asylum seekers and their social integration. Ecuador had made many efforts in assisting the many refugees living in its territory, many of whom originated from Colombia. Increasingly, neighboring countries had been facing problems in integrating these persons; more than 30,000 Colombians had sought asylum in Ecuador in recent years and comprised of the largest number of refugees in all of Latin America. The authorities had concentrated their efforts along with UNHCR to finding lasting solutions for problems encountered by these refugees. There were over 70 rapid impact projects on health and education carried out for the benefit of these refugees in the last year alone.
In response to the questions posed on education, the delegation said the illiteracy rate in 2004 was 12 per cent; the enrolment rate in schools was 85 per cent for primary education and 45 per cent for secondary education. An obstacle that remained was the quality of teaching. A specialized group had been set up to improve the quality of education and to solve the problem of providing basic education at the earliest levels. Training for teachers was also being pursued for special education needs.
As for sexual exploitation, the Government had ratified the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, which had been problems facing Ecuador. The State, as a result of serious complaints lodged, had begun an institutional procedure to combat these acts. A Commission was also set up comprising of Government representatives from various institutions and civil society. The Commission had drafted a national plan which was adopted and would soon be implemented. Moreover, the Code on Children and Young Persons included provisions for handing down sanctions for acts of sexual exploitation and trafficking. There was a lack of monitoring on the part of the police for these types of crimes. There had been problems with clandestine movements in connection with pornography on the Internet. The national plan sought to put an end to all these acts.
Concerning migrant children, the delegation said one of the main consequences of migration was the psycho-social impact of children left behind by their parents. As a result of bilateral agreements entered into between Ecuador and neighbouring countries, it was now easier for young persons left behind by their parents to be reunited with them.
Preliminary Observations
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the reports of Ecuador, said the Committee had been informed of the major achievements of Ecuador as well as the main problems facing the State party. The Committee would be handing down its recommendations based on the day-long discussion.
There was a political will in Ecuador which merited commendation as did the involvement of civil society, including youth organizations, and international organizations. The State must ensure that its policies and programmes were implemented in a coordinated manner. Among other things, the State party should also pursue its efforts to combat trafficking in children and to address the matter of disappeared children. The needs of indigenous and Afro-Ecuadorian children should also be given priority attention.
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This press release is not an official record and is provided for public information only.
Rights of the Child
23 May 2005
The Committee on the Rights of the Child today reviewed the second and third periodic reports of Ecuador on how that country implements the provisions of the Convention on the Rights of the Child.
Introducing the reports, Hernan Escudero, Permanent Representative of Ecuador to the United Nations Office at Geneva, said the political situation in Ecuador, particularly over the past few weeks and months, had not posed an obstacle to the Government's work which continued to implement its commitment to the Convention and its provisions.
Also introducing the reports were Maria Elena Moreira, Director of Human Rights at the Ministry of Foreign Affairs of Ecuador, who said there had been significant progress in the legal framework concerning the protection of children; and Sara Oviedo, Executive Director of the National Council of Children and Young Persons of Ecuador, who said that the goals of the Council were to monitor protection measures for children and to institute public policies in that regard.
In preliminary remarks, Committee Expert Rosa Maria Ortiz, who served as Rapporteur for the reports of Ecuador, said the Committee had been informed of the major achievements of Ecuador as well as the main problems facing the State party. There was a political will in Ecuador which merited commendation as did the involvement of civil society, including youth organizations, and international organizations. The State must ensure that its policies and programmes were implemented in a coordinated manner. Among other things, the State party should also pursue its efforts to combat trafficking in children and to address the matter of disappeared children. The needs of indigenous and Afro-Ecuadorian children should also be given priority attention.
Other Committee Experts raised questions pertaining to, among other things, the State's budget and resources allocated to children's rights and protection; the National Council on Children and Young Persons; adoption; child labour; discrimination; juvenile justice and detention centres; child and maternal health; refugees; education; sexual exploitation of minors; and migrant children.
The Committee will release its formal, written concluding observations and recommendations on the reports of Ecuador towards the end of its three-week session which will conclude on 3 June.
The delegation of Ecuador consisted of representatives of the Ministry of Foreign Affairs; the National Council of Children and Young Persons; and the Permanent Mission of Ecuador to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Ecuador is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Tuesday, 24 May, it will begin its consideration of the third periodic report of Norway (CRC/C/129/Add.1).
Reports of Ecuador
According to the second and third periodic reports of Ecuador (CRC/C/65/Add.28), which cover the period after the initial report was submitted in May 1996 to when they were presented in July 2004, children from 0 to 14 constitute a third of the population in the State, or just over four million inhabitants. As indicated by the 2001 population census, of these 2 out of 10 do not live with both parents; 1 out of 10 is not enrolled in school; 4 out of 10 have been beaten by their teachers; 4 out of 10 are unaware that laws exist to protect their rights; and the overall illiteracy rate is 8.4 per cent. Moreover, in 1999, 60 per cent of the population under 18 lived in homes in a situation of poverty, compared with 45 per cent of the adult population. Despite efforts made at social investment and increased social expenditure in recent years, Ecuador remains one of the countries with the highest levels of social inequality in Latin America. The Constitution of 1998 paved the way for the establishment of a broader legal framework for the exercise of children's rights. Advances in this new instrument include declaring children and young persons a national priority; identifying children as a vulnerable population at risk; and acknowledging the need for reform of the public institutions responsible for children.
The most significant advances during the 1990s in terms of children's welfare, the reports state, relate to guarantees of survival. The reduction in child mortality from 40 per 1,000 live births in 1994 to 30 per 1,000 live births in 1999 is due, among other factors, to the success of control and health education measures in connection with infectious and contagious digestive and respiratory diseases. In order to strengthen mechanisms for the protection of the rights of women and children in Ecuador, in 1996, under the Office of the Ombudsman, the Office of the Ombudsman for Women and Children was established. This office responds free of charge to complaints of violations of women's and children's rights involving threats, infringements and lack of observance. Moreover, in September 2001, the Child Development Coordination Office was established as a coordination body for official agencies entrusted with implementing public child development policies, which include all the community-based inter-sectoral case programmes for children under 5, with increasing coverage in urban and poor rural areas. One success in the field of education is with regard to the bilingual intercultural education system, which uses the language of the culture in question as the main language.
In keeping with the spirit of the Convention, the decade saw an increase in acceptance of the concept of special protection as a further element in the exercise of social citizenship by children. At present, social protection includes new aspects such as child disabilities, sexual abuse, physical ill treatment in the home and in educational establishments, children of parents in detention and children deprived of a family environment. In 2001 and 2002 the subjects of refugees, displaced persons and assistance in situations of natural disaster gained new importance in Ecuador owing to the civil war and internal unrest in neighbouring Colombia and the recent eruptions of the Pichincha, Tungurahua and Reventador volcanoes. Among other things, the reports draw attention to the new Children's Code which establishes an obligation on the part of the State to formulate policies for the eradication of child labour, defines harmful and dangerous work, establishes 15 as the minimum age for work, and provides guarantees to maintain the right of adolescent workers to education and recreation. With regard to liability by young offenders, the new Children's Code provides that adolescents (aged 12 to 18 years) are not subject to criminal law but are liable for their acts.
Presentation of Reports
HERNAN ESCUDERO, Permanent Representative of Ecuador to the United Nations Office at Geneva, while reaffirming the commitment of the Government of Ecuador to implementing and applying the principles of the Convention on the Rights of the Child, said the political situation in Ecuador, particularly over the past few weeks and months, had not posed an obstacle to the Government's work which continued to implement its commitment to the Convention on the Rights of the Child. In order to overcome the problems inherent with the external debt of Ecuador, the Government was considering reducing the percentage of the national budget invested in external debt recovery to be re-invested in social sectors, including health and education.
In 2003, Ecuador adopted the Code on Children and Young Persons, which was characterized as a joint cooperation between the Government and civil society, so as to ensure the full exercise of all rights of the child, Mr. Escudero said. There was also full consistency between the Code and the Convention. The Code set up a National Council with the active participation of Government institutions and civil society; the body was autonomous and began its activities in February 2004, he added.
MARIA ELENA MOREIRA, Director of the Department of Human Rights in the Ministry of Foreign Affairs of Ecuador, said in Ecuador there had been significant progress in the legal framework concerning the protection of children, starting with the Constitution which underscored the importance and priority that the State, society and family attached to children and adolescents.
Ms. Moreira noted that Ecuador was the first country in Latin America to ratify the Convention on the Rights of the Child. The areas where significant progress had been made were in the Constitutional recognition of boys and girls and the monitoring of social expenditure since 2001. In June 2002, the Observatory for the Rights of Children and Young Persons was set up to improve public polices on the rights of this portion of the population. The disaster brought about by the El Niño phenomenon in 1997 and 1998 resulted in a negative impact on boys and girls. Other obstacles facing Ecuador revolved around widespread poverty and social inequalities in the State.
The adoption of the Constitution of 1998 provided a broader legal framework for the rights of the child, she said. Juvenile courts had now become part of the overall judicial system of Ecuador and children below 12 could not be held accountable for crimes. The National Council for Children and Young Persons had been serving as the lead institution with regard to the rights of the child. With regards to budget cuts in social services, at the end of the 1990s the Government had been investing one-fifth less, nevertheless the State had been taking significant steps in following up on areas of concern. As to the ill treatment and discrimination of children, the State set up the Ombudsmen's Office which addressed the needs of children and young persons and received their complaints. The treatment of boys and girls in schools had also been addressed.
The State had also made progress on child rights by providing basic services in the midst of the recession of 1999. A number of programmes had been set up to address the needs of the public in light of negative trends; considerable attention had been invested in the areas of health, education, and housing. In general, Ecuador had also been seeking to take decisions to increase social expenditure and to take an active role in combating poverty. Ms. Moreira also highlighted that sexual exploitation, pornography and child labour were some of the most acute problems in Ecuador at present.
SARA OVIEDO, Executive Secretary of the National Council of Children and Young Persons, said the National Council of Children and Young Persons aimed to guarantee all rights of children and adolescents in Ecuador. The goals of the Council were to monitor protection measures for this part of the population and to institute public policies in that regard. The Council aimed to ensure that there was consistency between the political goals of the State and the public policies with regard to child rights. Reforms had also taken place in the Labour Code of the State which would lead to the complete abolition of child labour in Ecuador.
Discussion
Questions by Experts
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Ecuador, said the Committee had been greatly concerned about the situation in Ecuador following the political uprisings and the huge economic crisis as a result of the impact of the El Niño phenomenon. Also noted was the high rate of external emigration from Ecuador to both the United States and Europe, which had led to negative effects on children whose parents had emigrated from the country. Among other things, the State was to be praised for the creation of the Children's and Youth Council. While understanding the difficulties of restructuring the country, the State was to be praised for the many areas of progress in relation to child rights and protection.
More information was sought on the extent to which the reports being considered were disseminated in the country. Although several positive legal measures had been taken, the availability of resources in the social sector was of concern, which made it impossible to implement many of the measures agreed upon. The reforms of the Labour Code and of the Criminal Code in line with the Convention were to be praised, but more information was sought on how these reforms were being carried out.
Ms. Ortiz also asked for additional information on the practical effects of legal adjustments, in general, and on the National Institute for Children and the Family, specifically. Other areas where information was sought included the Fund for Children; the high rate of poverty and malnutrition; and the State's budget for health and education. On education, she noted that the budget allocation for education only received 15 per cent of the overall national budget, and not the recommended 30 per cent.
JEAN ZERMATTEN, the Committee Expert serving as Co-Rapporteur for the report of Ecuador, said the Committee was aware that the country had been going through significant social and political problems. It was also aware of the Government's efforts to overcome these problems in implementing child rights. He posed a series of questions which focused on the areas of the implementation of new legislation and institutions, the participation of children in society, and the question of discrimination.
At present, the economic situation in Ecuador was apparently one of inequality and discrimination, Mr. Zermatten said. The constant changes of Government – eight governments in 15 years - made it difficult to have continuity and action. It was also taking a long time to implement commitments inherited by previous governments. While noting as positive the setting up of the 10-year plan, he asked whether there were necessary resources to carry it through. There had been no full harmonization between the Code of Children and Young Persons and other Codes, such as the Labour and Criminal Code, and the role of the Ombudsman required clarification.
The Co-Rapporteur asked whether there was a genuine political will in Ecuador to address the issue of children in a comprehensive fashion and what steps had been taken to ensure the implementation of the reforms of the Criminal and Labour Code. Information was also sought on who was responsible for spearheading polices set out by the Council for Children and Young Persons and on financial resources available for the special protection fund.
The Co-Rapporteur also asked whether the Child and Youth Code provided for hearings for children and for information on the proposed judicial reform in terms of child rights and protection. Regarding discrimination, he noted that the reports of the State party referred to discrimination in terms of gender issues, children affected by poverty, and refugee children, in terms of access to work, health care and schooling, among other things. He asked what concrete steps had been taken to address discrimination in this regard. Information was also sought on indigenous children and the obstacles they faced.
Other subjects raised by Experts pertained to statistics for ethnic groups; birth registration, particularly in the Amazon region; the State budget allocated for child rights and protection; corporal punishment; the provision of generic drugs; and the expulsion of pregnant girls from schools.
Response by Delegation
In response to questions on social investment, the delegation said Ecuadorians were well aware of the overburdened situation due to external debt factors and the economic recession; the GDP fell by almost 10 per cent by the end of the 1990's and the beginning of the millennium. The process of stabilization was therefore a slow process. Large-scale emigration also ensued from 2000 onwards. There were mechanisms allowing for negotiation in terms of external debt payment which allowed the State to pursue its national policies, including in the social sectors. There were political decisions made which committed the Government to adopt a strategy to reduce the external debt burden of the State so as to invest more in these social sectors and to fully meet its obligations under the Convention. The economic situation was the most substantive obstacle facing the State.
The National Council on Children and Young Persons was trying to identify resources for its operational costs for this year, the delegation added. It was hoped that there would be sufficient resources to allow the Council to fulfil its mandate for the year. Talks had also been held with the Ministry of Economy to set up supplemental funding for children's issues. Despite economic setbacks, 28 cantonal offices of the Council had been set up throughout the country. Moreover, the Council had taken over roles previously held by the central Government and had been carrying out its mandate to the best of its ability. The Council was coordinating closely with other entities working on child rights, such as the Observatory for the Rights of Children and Young Persons. Generally speaking, plans and policies set by Government institutions in the area of child rights were administered by the Council. It was hoped that the Council would play the lead role it was mandated to.
Regarding the State's information and monitoring system on child matters, the delegation noted that there were a number of inconsistencies in this regard which called for much more work towards harmonization. The Observatory for the Rights of Children and Young Persons had been working to harmonize its information to keep it in line with other entities, for example.
As for participation in society, the delegation affirmed that the Government sought to ensure the participation of young persons in matters involving them in general and in assessing compliance with the 10-year plan concerning their future. Moreover, the participation of children was guaranteed by the Constitution which set out that all children were able to express themselves freely. No child or adolescent could be pressured in any way.
With regard to the questions on the reforms of the Criminal and Labour Codes, the delegation noted that reform of the Criminal Code was in its last stage. As to the Labour Code, the delegation added that there was need for pressure to ensure that this issue was addressed expeditiously.
As to the dissemination of the Committee's recommendations on the first report of the State, the delegation noted that the Government, with the assistance of UNICEF, had taken various measures to share the findings of the Committee with the public.
Concerning the provision of generic drugs, the delegation said Ecuador had an intellectual property policy, in line with the TRIPS agreement, which made provisions for licenses under those provisions and in line with the Doha Declaration.
On birth registration, the delegation drew attention to the State's law on birth registration which governed all aspects on the subject. As for the situation of children whose fathers did not recognize them, as per the law single mothers were able to register their children directly.
Concerning the expulsion of pregnant teenagers from schools, the delegation noted that this practice was no longer an issue, although it did exist in the past. Schools who had practised this policy had been duly penalized.
Questions by Experts
In a second round of questions, Experts covered issues including the State's programmes to support single parent households; trafficking in children; the rights of refugee children, especially those originating from Colombia; the situation of children of migrants; juvenile justice and interdisciplinary work between lawyers and social services; children with disabilities; measures to control more effectively the high number of international adoptions; street children; children born out of wedlock; lost and disappeared children; and the ill-treatment and neglect of children. An Expert asked whether there was an existing mechanism to allow abused children, or witnesses of child abuse, to register complaints in this regard.
Other Experts raised questions concerning the right to education and child labour, while noting that a high percentage of children in Ecuador were both attending school and working. An Expert mentioned the Labour Union for Children in Ecuador and asked whether the State recognized this Union and, if so, how it conducted relations with it. Another Expert asked for information on the results of programmes dealing with child labour, such as the programme of the International Labour Organization to eliminate child labour.
Another Expert raised further questions pertaining to education, asking for information, in particular, about school drop outs, over-aged children in schools, regional disparities in classrooms, the integration of indigenous children in schools, competencies of teachers and low salaries of teachers.
Response by Delegation
In response to a question on family policies, the delegation said priority attention had been paid to such policies by the State, especially in terms of the protection of the family. Among the goals of these policies was to provide adequate knowledge and skills to parents to raise their children.
Answering questions on adoption, the delegation noted that the number of international adoptions had been higher than national adoptions in recent years, however, in 2004, the number was slightly higher for national adoptions. A specialized commission for adoptions had been set up to develop a work plan to strengthen institutions for adoption. The overall aim of the State was to ensure that adoptions in Ecuador were in line with the Code on Children and Young Persons and to make sure there was effective training for those working in the field of adoption. Regarding The Hague Convention on Inter-Country Adoption, the delegation noted that the ratification of the Convention was not considered a top priority by the central Government.
With regard to questions raised on child labour, the delegation said that of children between 5 and 17 years of age, according to recent Government statistics, 70 per cent studied and did not work; 6.5 per cent worked and did not study; 8.5 per cent both worked and studied; and 14 per cent neither worked nor studied. The 10-year plan sought to eradiate hazardous forms of child labour. The issue of children who were deprived of freedom was another matter of concern; in 1999, there were some 450 children living with their families, yet deprived of freedom.
As for discrimination, the delegation said there were a number of Government institutions in operation which addressed the needs of marginalized groups, including indigenous children. A major initiative of the Council on Indigenous Affairs was to reverse negative trends of discrimination against indigenous persons in Ecuador and Afro-Ecuadorians. Since 1998, Ecuador had established its National Plan for Human Rights, which led to the creation of two additional plans addressing the needs of indigenous persons and Afro-Ecuadorians and upheld the values of non-discrimination. Bilingual education in Ecuador's school system, which began in 1993, was an example that was in line with the principles of non-discrimination for indigenous children in particular.
Concerning children born out of wedlock, the delegation said this issue had been addressed and overcome by the Civil Code of 1998 whereby the child had all civil and political rights, including the right to inheritance and accession.
As for teenage pregnancies, the delegation said that in 2000, 6.6 per cent of pregnancies were teenage pregnancies, and 6.8 per cent of pregnancies in 2002 were teenage pregnancies. Enhanced education measures on reproductive health had been conducted with a special focus on adolescent girls. On a related question, the delegation said there was no legal age set by the law by which one could get married in Ecuador although the consent of a parent was required for juveniles. Although it was a practice of the past, the act of marrying at a young age was no longer an issue in Ecuador.
With regard to detention centres, the delegation said in light of agreements made, progress had been achieved in dealing with young offenders. As a result they received rehabilitation and specialized training. No minor who was an offender of the law could serve a sentence in an adult detention facility. In recent years, there had been a decline in the number of young offenders, largely as a result of a new code on youth offenders. While serving sentences in juvenile delinquent centres, the young offenders received education and received counseling on social re-integration. Moreover, they could not be in a juvenile detention centre for more than six months. As per the new code for children and young persons, a number of additional judges were assigned to take on juvenile matters. The delegation added that enhanced training for judges on these matters was therefore required.
Concerning questions raised on health, the delegation noted that in 1986, the percentage of malnourished children was 34 per cent; it was 14 per cent at present. The maternal mortality rate was also dropping due to improved services in health centres for pregnant women. The delegation also noted that the rate of immunization coverage of children had decreased. In response to a question on HIV/AIDS, the delegation said in 2003, the incidence rate of AIDS was six cases per 100,000 inhabitants. There were just over 100 children living with AIDS in Ecuador.
On the subject of refugees and asylum seekers, the delegation informed the Committee that Ecuador was recently declared by UNHCR as a model country for addressing the needs of refugees, asylum seekers and their social integration. Ecuador had made many efforts in assisting the many refugees living in its territory, many of whom originated from Colombia. Increasingly, neighboring countries had been facing problems in integrating these persons; more than 30,000 Colombians had sought asylum in Ecuador in recent years and comprised of the largest number of refugees in all of Latin America. The authorities had concentrated their efforts along with UNHCR to finding lasting solutions for problems encountered by these refugees. There were over 70 rapid impact projects on health and education carried out for the benefit of these refugees in the last year alone.
In response to the questions posed on education, the delegation said the illiteracy rate in 2004 was 12 per cent; the enrolment rate in schools was 85 per cent for primary education and 45 per cent for secondary education. An obstacle that remained was the quality of teaching. A specialized group had been set up to improve the quality of education and to solve the problem of providing basic education at the earliest levels. Training for teachers was also being pursued for special education needs.
As for sexual exploitation, the Government had ratified the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, which had been problems facing Ecuador. The State, as a result of serious complaints lodged, had begun an institutional procedure to combat these acts. A Commission was also set up comprising of Government representatives from various institutions and civil society. The Commission had drafted a national plan which was adopted and would soon be implemented. Moreover, the Code on Children and Young Persons included provisions for handing down sanctions for acts of sexual exploitation and trafficking. There was a lack of monitoring on the part of the police for these types of crimes. There had been problems with clandestine movements in connection with pornography on the Internet. The national plan sought to put an end to all these acts.
Concerning migrant children, the delegation said one of the main consequences of migration was the psycho-social impact of children left behind by their parents. As a result of bilateral agreements entered into between Ecuador and neighbouring countries, it was now easier for young persons left behind by their parents to be reunited with them.
Preliminary Observations
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the reports of Ecuador, said the Committee had been informed of the major achievements of Ecuador as well as the main problems facing the State party. The Committee would be handing down its recommendations based on the day-long discussion.
There was a political will in Ecuador which merited commendation as did the involvement of civil society, including youth organizations, and international organizations. The State must ensure that its policies and programmes were implemented in a coordinated manner. Among other things, the State party should also pursue its efforts to combat trafficking in children and to address the matter of disappeared children. The needs of indigenous and Afro-Ecuadorian children should also be given priority attention.
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This press release is not an official record and is provided for public information only.
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